I’m mourning an NC election director — and how we fairly administer elections | Opinion

I’m mourning the death of one individual and one administrative process, and oddly, they are linked.

The individual is Cherie Poucher, the longtime Republican Director of the Wake County Board of Elections, whose passing last week hit me, a staunch Democrat, hard.

In the many years that I worked with Cherie in election administration, only once did political considerations come into play, and that was when we were choosing early voting sites, and Cherie insisted that any early voting site in a heavily Democratic or Republican area had to be balanced by an early voting site in an area heavily populated by the other party. That seemed completely sensible to me.

While I will miss my occasional interactions with Cherie (she wished me a happy anniversary on Facebook a few days before her passing), I take comfort in knowing she is not able to see the events of the last several days.

The death of the administrative process that I am mourning is the even-handed, transparent way elections have been administered in North Carolina for decades. As an attorney, former secretary and chair of the Wake County Board of Elections, and former secretary of the Dare County Board of Elections, the events of the last three weeks have left me deeply concerned.

Let’s recap:

On April 23rd, a three judge trial court issued a 16-page, carefully reasoned order, nullifying the law that would have allowed North Carolina Auditor Dave Boliek to appoint the five members of the State Board of Elections, a power that was the governor’s for decades. The ruling was bipartisan but not unanimous, with one Republican and one Democrat voting for it and one Republican dissenting.

On April 30, an unnamed three judge panel of the NC Court of Appeals, in a two-sentence order, stayed the trial court’s order without argument and without explanation. How does a two-sentence opinion inspire voters’ confidence in election administration or the impartiality of the justice system?

Also on April 30, Gov. Josh Stein asked the NC Supreme Court to stay the Court of Appeals’ decision so that arguments could be heard on this important change. The Supreme Court has not yet ruled on that request. How does their refusal to stay the Court of Appeals’ two sentence ruling and hear this matter on the merits inspire voters’ confidence in election administration or the impartiality of the justice system?

On May 1, under the new powers given to him by the legislature after last year’s election, Auditor Boliek appointed three Republicans and two Democrats to the State Board of Elections (SBOE).

On May 8, the newly sworn in State Board of Elections fired Executive Director Karen Brinson Bell in a party line vote. She had served for six years, had won several awards and was the incoming president of the National Association of State Election Directors. How does her firing inspire voters’ confidence in election administration or the impartiality of the justice system?

Also on May 8, the new board named Sam Hayes, former general counsel to N.C. Speaker of the House, Republican Destin Hall, as the new SBOE executive director, replacing Bell.

Hayes does not appear to have had any election administration experience, not even as a precinct official. What he does have is a close relationship with one of the two most powerful political figures in a deeply partisan and gerrymandered legislature. How does this appointment inspire voters’ confidence in election administration or the impartiality of the justice system?

In court, I’ve tried not to make flamboyant or bombastic arguments, believing that facts speak for themselves. At this point, facts are speaking loudly and clearly, but I can’t tell if anyone is listening. I fear that with the hostile takeover of the State Board of Elections and our appellate courts’ shameful refusal to take action or explain their actions, we will not see fair and transparent elections for many years.

I am glad Cherie Poucher is not here to see this; as I type these words, I almost wish I were not.

It may be flamboyant, but my heart is breaking for the loss of decent election administrators and decent judges.

This story was originally published May 15, 2025 at 9:30 AM.